The High Court of Kerala denied a petition for pre-arrest anticipatory bail under Section 438 CrPC. The applicant had attacked a teacher, causing serious injuries, during an institution visit. The court held that bail was not justified in the circumstances.
Anticipatory bail refused; applicant directed to appear before Investigating Officer forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941
BAIL APPL..NO.6887 OF 2019
CRIME NO.1413/2019 OF KARUNAAGAPALLY POLICE STATION, KOLLAM
PETITIONER/ACCUSED :
VISHNU AGED 18 YEARS S/O. BINU, VIZHNU BHAVANAM, THODIYOOR NORTH P.O., THODIYOOR.
BY ADV. SRI.SASITH PANICKER
RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 THE SUB INSPECTOR, KARUNAGAPPALLY POLICE STATION, KOLLAM-690001.
BY ADVS. SRI RAMESH CHAND, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL..NO.6887 OF 2019
2
ORDER
This application is filed by the applicant herein under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with the FIR, being Crime No.1413/2019 registered with the Karunagapally Police Station, for offence punishable under Sections 294(b), 341 and 308 of the IPC.
BAIL APPL..NO.6887 OF 2019 3
A teacher of an institute was attacked by the applicant in the presence of students for trivial reasons. The wound certificate shows that serious injuries were sustained by the victim. In the facts and circumstances, I am not persuaded to grant an order of pre arrest bail to the applicant.
This application will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
NS
2 issues framed by the court
Whether anticipatory bail should be granted in a pre-arstage bail application lodged under Section 438 CrPC for offences of assault and criminal mischief.
Whether the serious injuries sustained by the teacher and the trivial nature of the reasons warrant the grant of bail.
1 provisions across 1 enactments
Vishnu
State of Kerala
Raja Vijayaraghavan V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
